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(영문) 전주지방법원 2018.06.21 2018노254
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, misunderstanding of facts, she took her hand on the shoulder of the victim E, the Defendant did not intentionally her but did not her her bumm.

The defendant did not use violence against the victim H, or h did flab in assaulting the defendant by drinking, which constitutes a legitimate defense.

B. The punishment of the lower court is too heavy.

2. Determination

A. 1) Determination as to the assertion of mistake of facts (A) “Indecent act” should be made with careful consideration of the victim’s intent, gender, age, relationship between the perpetrator and the victim before and after the victim’s occurrence, the circumstances leading to the act, the form of specific act, the objective situation surrounding the act, and the sexual moral sense of that age, which objectively causes sexual humiliation or aversion to the general public and thus infringes on the victim’s sexual freedom.

In addition, it is not necessary to have a subjective motive or objective to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act (see Supreme Court Decision 2013Do5856, Sept. 26, 2013, etc.). B) In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, it is recognized that the Defendant intentionally put his/her hand on the victim E’s shoulder, and puts his/her kick, thereby spreading.

① 피해자 E은 경찰 조사 당시부터 원심 법정에 이르기까지 “F, G과 이야기를 하고 있는데 누군가 뒤쪽에서 자신의 어깨에 손을 올리고 엉덩이를 만져서 뒤를 돌아보니 피고인이 있었고, 피고인이 손가락을 입 사이에 올려 혓바닥을 내밀며 나를 쳐다보았다.

Madly, he did not feel straw or contact, and his finger remains traw.

“The fact of damage” consistently stated to the effect that it was damage.

(2) The original court shall be the court.

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